What do the Georgia courts look at in determining whether someone is an equitable caregiver to a child? Well they’re going to look to see if there’s a written agreement between one of the parents and third party or consent between one of the parents and the third party that could establish you as an equitable caregiver. Absent a written agreement or consent by the parents, the Court will start looking at other factors. The first factor the courts consider is has that person fully completely and unequivocally taken a permanent parental role in the child’s life. Second, has that person engaged in consistent caretaking of the child. Third, is there a bonded, independent relationship with the child; has the parent fostered that relationship. Have they acknowledged an acted like that relationship has existed and accepted it. Fourth, has that person taken on full parental responsibility without the expectation of financial compensation. Lastly, the third party must show that there will be significant emotional or physical harm if that relationship didn’t continue and it is in the best interest of the child.

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